BANK OF CALIFORNIA NATIONAL ASS'N v. McBRIDE

No. 10062.

132 F.2d 769 (1943)

BANK OF CALIFORNIA, NATIONAL ASS'N, v. McBRIDE. In re WESTERN BOND & MORTGAGE CO.

Circuit Court of Appeals, Ninth Circuit.

January 14, 1943.


Attorney(s) appearing for the Case

Felix T. Smith, Marshall P. Madison, Francis R. Kirkham, and Leland B. Groezinger, all of San Francisco, Cal., and Borden Wood, of Portland, Or. (Pillsbury, Madison & Sutro, of San Francisco, Cal., and McCamant, King & Wood, of Portland, Or., of counsel), for appellant.

Teiser & Keller and Sidney Teiser, all of Portland, Or., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

On September 24, 1934, the Western Bond & Mortgage Company, herein called Western, was adjudicated an involuntary bankrupt on a petition filed November 25, 1931. The main controversy here is whether the bankruptcy court had jurisdiction summarily to order appellant to turn over to the trustee a certain ranch determined to be an asset of the bankrupt.1

The property in dispute is known as the Russell ranch...

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